What does Deemed Approved Mean?

Deemed Approved is the term used to define off-sale alcohol establishments that are subject to additional requirements contained in the Hesperia Municipal Code. 

The purpose of the deemed approved program is to mitigate potential problems that may arise from the sale of alcohol, to provide a mechanism to address problems that arise when alcohol is consumed in public, such as loitering, litter, graffiti, and unruly behavior. 

All off-sale alcohol establishments in the City of Hesperia must comply with the Deemed Approved Program, which can be found here Deemed Approved Regulations

How do I know if my business must comply?

To find out if your business is considered off-sale, you may check the status of your ABC License by searching the ABC website ABC License Lookup

I have to comply, what does this mean?

In order to comply with the program, your business will receive a yearly inspection from Code Enforcement. They will use a standard checklist to perform the inspection. This checklist will be based off the below list of operational standards:

1. The deemed approved establishment shall not cause adverse effects to the health, peace or safety of persons residing or working in the surrounding area.
2. The deemed approved establishment shall not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.
3. The deemed approved establishment shall not allow repeated nuisance activities within the premises or associated with the establishment or activity, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, or lewd conduct. The establishment shall call the police upon observation of the activity.
4. The deemed approved  establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, California Business and Professions Code sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual city business license fees.
5. The deemed approved  establishment's upkeep and operating characteristics shall be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
6. A copy of these  deemed approved operational standards, any applicable ABC or city operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

What if I want to open a new off-sale alcohol establishment or buy an existing business?

New, modified, or sold businesses must apply for and receive a Conditional Use Permit, which has additional requirements

How much does this program cost?

The Deemed Approved Alcohol License and Annual Inspection for all ABC license types, except types 41 and 47 is $325. The Deemed Approved Alcohol License and Annual Inspection for ABC license types 41 and 47 (e.g., restaurant establishments) is $175.  This fee does not include extensive enforcement costs, fines, or other fees that may be associated with compliance or other services.

What happens if I do not comply or I have violations?

The inspection fee will be included in the annual business license renewal fee. Should a business not pay for their business license or comply with all conditions of holding a business license, that license may be revoked, and civil and administrative penalties may apply. If there are violations, the business owner will be notified of those violations and required to correct them as specified in the notice.

What are the penalties for non-compliance?

 In addition to any penalties prescribed by the Municipal code, which include fines or other civil penalties which can be found in Chapter 1.12 of the Municipal Code, the deemed approved program is also subject to the following: 

The Municipal Code states that should an establishment's deemed approved status become suspended, revoked or terminated, the establishment may lose the ability to offer for sale any alcoholic beverage that is sold as a single serving, no sale of wine less than 750 ml, no sale of distilled spirits in amounts less than 375 ml. Additionally, the deemed approved status would no longer apply and the establishment would be required to apply for and receive a Conditional Use Permit, which includes more stringent operating conditions, including possibly restricting hours of operation and prohibition of the sale of single serve, at minimum. 

How can I be sure I comply?

To ensure your businesses compliance, review the regulations found here, be sure to pay your business license in full when the renewal is due and comply with all inspection requirements and correct any violations noted by the Code Enforcement Officer.

What if I have questions or concerns?

If you have questions or concerns, please feel free to contact the Building and Safety Department at 760-947-1311 and they will direct you to the staff member who can best help to answer your questions.